Utah § 58-93-101 - Definitions. (Effective 9/1/2026)

Full text of Utah Utah Code § 58-93-101 — Definitions. (Effective 9/1/2026), with citation guidance and answers to common questions.

§ 58-93-101. Definitions. (Effective 9/1/2026)

Effective 9/1/2026
58-93-101.  Definitions.
As used in this chapter:
(1)"Bail bond agency" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity:
(a)employs a qualifier;
(b)employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or
(c)contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis.
(2)"Bail enforcement agent" means an individual:
(a)licensed under this chapter as a bail enforcement agent to:
(i)enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding;
(ii)apprehend a defendant or surrender a defendant to custody; or
(iii)conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and
(b)who:
(i)is appointed by a bail bond surety; and
(ii)receives or is promised consideration for the individual's service.
(3)"Bail enforcement professional" means a person licensed under this chapter.
(4)"Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
(a)presenting a defendant for required court appearances;
(b)apprehending or surrendering a defendant to a court; or
(c)keeping the defendant under necessary surveillance.
(5)"Bail recovery apprentice" means an individual licensed under this chapter as a bail recovery apprentice who:
(a)is an employee of a licensed bail enforcement agent or bail recovery agent;
(b)is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c)may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and
(d)may not:
(i)advertise bail recovery services;
(ii)provide bail recovery services directly to a member of the public; or
(iii)employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice.
(6)"Board" means the Security Services Licensing Board created under Section 58-63-201.
(7)"Control position" means an individual that exercises direct or indirect control over a business entity regardless of form.
(8)
(a)"Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea.
(b)"Conviction" includes the following, regardless of whether the imposition of sentence was suspended:
(i)a plea of no contest or nolo contendere;
(ii)a plea in abeyance; or
(iii)an Alford plea.
(9)"D.B.A." means the same as that term is defined in Section 42-2-101.
(10)"Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons.
(11)"Qualifier" means an individual who:
(a)holds a control position of a licensee under this chapter;
(b)has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience;
(c)meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(d)
(i)is collectively and individually liable with the licensee for compliance with this chapter; and
(ii)may be held fully responsible for a violation under this chapter, regardless of the liability of another person.


Enacted by Chapter 44, 2026 General Session

Frequently Asked Questions About Utah § 58-93-101

What does Utah Code § 58-93-101 cover?

Section 58-93-101 ("Definitions. (Effective 9/1/2026)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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